(DOWNLOAD) "Booker v. Jabe" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Booker v. Jabe
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 29, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This appeal from denial of a petition for a writ of habeas corpus concerns the systematic use of peremptory challenges, in a single criminal prosecution, to excuse members of a jury venire from service on a state petit jury solely on the basis of their race. The decisive legal issues are whether the selection of the jury by the prosecutor and defense counsel violated either the Fourteenth Amendments guarantee of equal protection or the Sixth Amendments guarantee that criminal charges will be tried before an impartial jury. We conclude that Swain v. Alabama, 380 U.S. 202, 13 L. Ed. 2d 759, 85 S. Ct. 824 (1965), forecloses Bookers Fourteenth Amendment claim. we also conclude that a criminal petit jury that is the product of the systematic use of peremptory challenges, by either the prosecution or defense counsel, to excuse prospective jurors solely on the basis of their race is not an impartial jury within the meaning of the Sixth Amendment. Such abuse distorts the jurys decision-making, undermines, the jurys integrity, and denies both the defendant and the public the impartial jury that the Constitution requires. Therefore, on the basis of the state trial courts findings that the prosecution and defense counsel systematically excused prospective jurors on the basis of race, we reverse the district courts denial of habeas relief and remand Bookers petition for issuance of the writ unless the State of Michigan promptly retries him.